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Poster: writerpatrick Date: May 5, 2010 8:20am
Forum: 78rpm Subject: Re: question about classical 78rpms?

Many countries such as Canada and the UK use a 50 year rule on recordings. So even non-78 recordings up to 1960 may be safe.

You shouldn't have to worry about downloading them. Even if they are copyrighted it's highly unlikely the copyright owner will bother to pursue any sort of legislation, especially considering that it's extremely rare for someone to get sued for downloading even modern material.

But you do need to be careful when reusing or uploading material. As a general rule, 78 material is safe. You're only likely to run into any real trouble if you're using material from a well known artist such as Bing Crosby. Those sort of licenses tend to be watched fairly closely. But even at that it's only if you were to use them for a TV or radio production, or try to release them on CD, that you're likely to run into trouble.

When it comes to copyright violation, distribution is much more serious than acquisition. And although not all the material here may be legal, it's safe enough to assume it is, especially if you're only downloading it for personal use.

This post was modified by writerpatrick on 2010-05-05 15:20:11

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Poster: jordanlbrown Date: Jul 29, 2010 10:00pm
Forum: 78rpm Subject: Re: question about classical 78rpms?

My understanding is that there is no such thing as Public Domain for sound recordings in the USA. That means that it doesn't matter how old the item may be - 50 years or 70 all the same - if the producing company is still in existence (or if it was bought by someone, like MCA or Polygram or Vivendi etc) they have the rights to it and you don't.

That being said, something OLDER than 50 years which has not been re-released commercially should be pretty safe considering the state of the recording industry these days. BUT there is that remote chance that they could sue. I think this is why certain companies like Naxos (whose online Archive and historical CD series is unavailable in the USA) has steered clear of unlicensed recordings.

I'm not a lawyer, by the way.

Good luck!